Chapter 7 - The Judicature
Part 1 The Supreme Court
The Bahamas must have a Supreme Court that gets its powers from the Constitution and other laws.
There will be a Chief Justice and however many other Justices that Parliament decides.
No Justice’s position can be abolished if there is a Justice filling that office at the time.
The Supreme Court will record all of its proceedings and the records will be available for public use.
The Prime Minister will consult with the Leader of the Opposition and then tell the Governor General who to appoint as the Chief Justice.
The Judicial and Legal Service Commission will tell the Governor General who to appoint as the other Justices of the Supreme Court.
The qualifications to be a Supreme Court Justice will be stated by law. Any changes in the requirements will not affect any Justice that was already appointed.
If the Chief Justice cannot perform their duties, or if the office is vacant, the Prime Minister will direct the Governor General to appoint another person who meets the qualifications to perform the duties until the position is filled. If a Justice position is vacant or the person in the position cannot fulfil the duties, the Judicial and Legal Service Commission instructs the Governor General who to appoint for a specified amount of time. If the Justice is presiding over a case when the specified amount of time is up, they can continue to deal with those matters until they are completed.
Removal of A Justice
A Justice can hold office until the age of 65. The Prime Minister, after consultation with the Leader of the Opposition, can instruct the Governor General to let the Justice serve for up to two more years.
Once a Justice turns 67, The Prime Minister can instruct the Governor General to allow them an extension to complete matters that they are working on. Being at the maximum age will not invalidate anything done by the Justice.
A Justice can only be removed if they cannot function (Physically, mentally, or for any other reason) or for misbehaviour.
The Chief Justice can consult with the Prime Minister about removing a Justice and the Prime Minister will inform the Governor General. In the case of the Chief Justice, the Prime Minister can go directly to the Governor General.
The Governor General then appoints a Tribunal consisting of at least 3 people who hold (or used to hold) high judicial office. The Prime Minister will choose these people based on the advice of the Chief Justice. If it the Chief Justice who is being reviewed, the Prime Minister can choose the people on their own. While still following these guidelines, these people must be chosen following any additional guidelines for appointment set out in the current Commissions of Inquiries Act
The Tribunal will report on the facts of the matter and tell the Governor General whether or not it should be sent to the King for her Judicial Committee of the Privy Council. If the King's Committee agrees, the Governor General will remove the Justice.
The Prime Minister or Chief Justice can instruct the Governor General to suspend the Justice while the matter is being dealt with. The suspension will be revoked if the Prime Minister or Chief Justice tell the Governor General to revoke it or of the Tribunal or King Committee decides not to remove the Justice.
Part 2 Court of Appeal
The Bahamas must have a Court of Appeal that gets its powers from this Constitution and other law.
The Justices of the Court of Appeal are:
1. President
2. The Chief Justice, however, they will not sit in the Court of Appeal unless the President of the Court invites them
3. Other Justices (Parliament decides how many)
A Justice's office cannot be removed while the Justice is still in place
The Court of Appeal is a superior court and all of its proceedings will be recorded and published. It will have all the powers of a superior court of record, unless Parliament decides to remove some.
The Prime Minister will consult with the Leader of the Opposition and will then tell the Governor General who to appoint as the President of the Court of Appeal and other Justices of Appeal.
Anyone appointed as a Justice of Appeal can remain in office if changes are made to the qualifications while they are in office.
While still following the guidelines in this section, Parliament can create other guidelines for:
1. Implementing a shared court appeal between the Bahamas and other governments in the Commonwealth. This shared court of appeal can deal with appeals for a decision made by any Bahamian court
2. Allowing any other court in the Commonwealth to deal with appeals for any Bahamian court.
When this happens the law can state that the Bahamas Court of Appeal (or a part of it) does not have power. During such times, this part of the Constitution can be suspended.
A temporary President of the Court of Appeals can be appointed if the office is vacant or the President cannot perform. If a Justice of the Court of Appeal is asked to serve as the President their position of Justice will be filled by another qualified person. The Judicial and Legal Service Commission chooses the people to fill vacant Justice positions. These people will serve for a specified amount of time or until the appointment is revoked. After the time is up or the appointment is revoked, the person can finish any matters were dealing with.
A Justice of Appeal can hold office until the age of 68. The Prime Minister, after consultation with the Leader of the Opposition, can instruct the Governor General to let the Justice serve for up to two more years.
Once a Justice of Appeal turns 70, The Prime Minister can instruct the Governor General to allow them an extension to complete matters that he/she is working on. Being at the maximum age will not invalidate anything done by the Justice.
A Justice can only be removed if they cannot function (Physically, mentally, or for any other reason) or for misbehavior. The process for removal is the same as for a Justice of the Supreme Court, with the President of the Court of Appeal replacing the Chief Justice where necessary.
Part 3 Appeals
All people have the right to take a case to the Supreme Court if they feel like their human rights are/were being violated. Any person also has the right the appeal the decision of the Supreme Court. Decisions made by the Court of Appeal can be taken to the Kings's Privy Council or another Court that Parliament establishes to perform the duties of the Privy Council. The King has the right to grant special permission to appeal in human rights cases.
